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Home My WebLink AboutResolution Zoning 00-Z- 46 RESOLUTION NO. OO-Z-46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVINGTHE REQUEST OF WILLIAMS ISLAND OCEAN CLUB, INC., REQUEST FOR MODIFICATION OF CONDITION 2 OF RESOLUTION 98-Z-17 ALONG WITH CERTAIN NON USE VARIANCES, SUBJECT TO CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Williams Island Ocean Club, Inc., applied for the following: 1. Modification of Condition 2 of Resolution 98-Z-17 gassed and adopted by the City Commission of the City of Sunny Isles Beach on the 13 day of August, 1998 reading as follows: From 2: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled ""Williams Island Ocean Club Inc.", prepared by Arc-tech Associates Incorporated dated 6/22/98.and plans entitled "Williams Island Ocean Club, Inc.," prepared by Bradshaw Gill & Associates dated 6/16/98 on sheet p- I and dated 6/22/98 on sheet P-2 & P-3. Plans are on file and may be examined in the Building, Planning and Zoning Department entitled "Williams Island Sunny Isle Condominium", prepared by Robert M. Swedroe Architects - Planners dated stamped received 3/20/2000 consisting of 26 sheets. 2. Non Use variance of Floor Area Ratio (F.A.R.) to permit a proposed development with a total F.A.R and bonuses of3.79 (maximum 2.5 F.A.R. and possible F.A.R bonuses for a total F.A.R. of 3.26 permitted)(30% amenities bonus pursuant to Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio). To: 3. Non Use Variance of setback requirements to permit proposed building setback varying from 50 to 60 feet (82.67 to 91 feet required) from the interior side (south) property line. 4. Non Use Variance of Zoning Regulations as it applies to building obstruction to permit proposed development to obstruct 63% (252 ft.) of the width of the site above 20 ft. MSL (50%- 200 ft. obstruction permitted). 5. Non Use Variance of Zoning Regulations requiring structures above 20 MSL to have a maximum building width of 200 ft; to waive same to permit proposed structure with a building width of252 ft. 6. Non Use Variance of Parking Regulation to permit 292 parking spaces (617 parking spaces required)(119 spaces previously approved). Resolution No. 00-Z-46, Williams Island Ocean Club, Inc. 1 LMD:ch SUBJECT PROPERTY: Parcell: All of the portion of Tracts "A" & "B" of the subdivision of GULF STREAM PARK, Plat Book 35, Page 51, and the portion of Collins Avenue shown of said Plat of GULF STEAM PARK which was vacated by Plat of OCEAN BOULEVARD STATE ROAD 140 GOLDEN BEACH SUNNY ISLES, Plat Book 44, Page 2, and above described property being contained in the south 500' of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East, Government Lots 1,2, 4 and portions of Government Lots 5 & 6, Section 11, Township 52 South, Range 42 East, Plat Book 10, Page 64, more particularly described as follows, to wit: That portion of the north 200' of the South 500' of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East and Government Lots 1, 2, 4 and portions of Government Lots 5 & 6, Section 11, Township 52 South, Range 42 East, Plat Book 10, Page 64, measured at right angles to the South line of said Tract 5, lying between the East right-of-way line of State Road A-I-A, Plat Book 45, Page 39, and the high water line of the Atlantic Ocean, together with all of the Seller's interest and title in the riparian rights appertaining. Parcel 2: All of the portion of Tracts "A" and "B" of the subdivision of GULF STREAM PARK, Plat Book 35, Page 51 and that portion of Collins Avenue shown on said plat of GULF STREAM PARK which was vacated by Plat of OCEAN BOULEVARD STATE ROAD 140 GOLDEN BEACH SUNNY ISLES, Plat Book 44, Page 2, said above described property being contained in the South 500' of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52, South, Range 42 East and Government Lots 1, 2, 4 & portions of Government Lots 5 & 6, Section 11, thereof, Plat Book 10, Page 64, more particularly described as follows, to wit: That portion of the North 200' of the South 300' of Tract 5 of subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East and Government Lots 1, 2, 4 and portions of Government Lots 5 & 6, Section 11, Township 52 south, Range 42 East, Plat Book 10, Page 64, measured at right angles to the South line of said Tract 5, lying between the east right-of-way line of State Road A-I-A, Plat Book 45, Page 39, and the high water line of the Atlantic Ocean, together with all ofthe seller's interest and title in the riparian rights appertaining. ADDRESS: 17875 Collins Avenue; And, WHEREAS, a public hearing of the City Commission was advertised and held as required by law and all Interested partIes concerned in the matter were heard, and, upon due and property consideration having been given to the matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. Based upon positive recommendations of staff, the Applicant's request for Modification of Plans and Non Use Variances, Items 1 through 6 hereinabove, are hereby approved, subject to the conditions of Resolution No. 98-Z-17, and the following additional conditions: A That a site plan be submitted to and meet with the approval of the Building Official upon the submittal of an application for a building permit; said plans to include among other things but not limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. Resolution No. 00-2-46, Williams Island Ocean Club, Inc. 2 LMD:ch B. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled A Williams Island Sunny Isles Condominium@, prepared by Robert M. Swedroe Architects - Planners dated stamped received 3120/2000 consisting of 26 sheets. C. That the use be established and maintained in accordance with the approved plans. D. That the applicant submits to the Departments for review and approval a landscaping plan which indicates an easement (such easement to be proffered by the applicant) along Collins Avenue front setback to enable the implementation of the streetscape plan, currently being designed. The type and size of plant materials shall coordinate with the forthcoming streetscape plan, prior to the issuance of a building permit, and shall be installed prior to the issuance of a Certificate of Use and Occupancy. E. That the applicant submits a recordable agreement to the Departments which proffers the beach access and landscaping easements over, across, under and through such easement parcels to the City and that the beach access points and landscape easements be enhanced to be acceptable to the City's Zoning Department in keeping with the nature of the proposed development and that the upkeep of the access points, walkways and landscape easements be the ongoing responsibility of the hotel operator. F. That the applicant provides plans to meet with the approval of the Building, Planning and Zoning Departments, providing for permanent and safe access for pedestrian and vehicular traffic within the development and particularly for fire, police, health and sanitation and other public service personnel and vehicles. G. That in the event of multiple ownership a homeowners= association be established in accordance with applicable regulations to assure that all common areas and facilities for the use of the residents shall be maintained in continuous and satisfactory manner, and without expense to the general taxpayers of the City of Sunny Isles Beach. H. That the developer be requested to work with staff and City authorized consultants to development a plan that links the Collins Avenue side of the project into the fabric of the City by including appropriate landscaping, street furniture, lighting and other amenities as deemed necessary. I. That the applicant comply with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. J. That the applicant provides a recordable Unity of Title between the hotel/beach club and the parking lot parcel to prqvide for a total of 617 parking spaces. K. That the applicant provides 24-hour valet parking for the guests and that the valet operation be handled in such a manner that it does not compound the current pedestrian jaywalking problem. Resolution No. 00-Z-46, Williams Island Ocean Club, Inc. 3 LMD:ch '. 1" That the applicant obtain a Certificate of Use and Occupancy from the City, upon compliance with all terms and conditions, subject to cancellation upon violation of any of the conditions. M. This terms of this Resolution are conditioned upon the terms of Resolution No.00-Z-47. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 13th day of April, 2000. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Co ission {""\ J / :,:..;,j.. /;j By: .Ll :.{ ".. #' ... APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: 5-D Commissioner Iglesias moved and Commissioner Kauffinan seconded approval of the requested zoning modifications, and upon a roll call the vote was 5 - 0 in favor: Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffinan Commissioner Turetsky LYes_no .JL)'es_no L,yes_no ~es_no ..L)'es_no Resolution No. OO-Z-46, Williams Island Ocean Club, Inc. LMD:ch 4 STATE OF FLORIDA ) )55: COUNTY OF DADE ) I, RICHARD BROWN-MORILLA, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. OO-Z-46 adopted 'by the City Commission at its meeting held on the 13th day of April, 2000. Issued this ~y of ^"'-y$ , 2001. LMD/ch .",->.~-,' . "'''_.,;- J Resolution No. OO-Z-46, Williams Island Ocean Club, Inc. 5 LMD:ch